Systemic Defects Sample Clauses

Systemic Defects. Notwithstanding the warranty requirements and conditions ---------------- of Section 9.01 hereof, ACS will undertake without undue delay to remedy any Systemic Defect in all affected Products in inventory or in the field, by delivering to Xerox/Xerox Affiliated Companies replacement, if requested, of Spares or consumables if the Systemic Defect applies thereto, or repair kit if the Systemic Defect applies to the printer, and in either 15 event reimburse Xerox/Xerox Affiliated Companies for actual parts replacement costs incurred by them plus any associated labor. ACS shall not be required to cure any Systemic Defect for any Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. The foregoing obligations of the parties shall apply during the term of this Agreement.
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Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).
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Systemic Defects. 5.7.1. By mutual consent, in addition to the warranties above, Calix shall be obligated to remedy any systemic defects in the Products. A systematic defect is a defect of the same or substantially the same type, that appears or is likely to appear during the reasonably expected life time of the concerned Products in more than 3% of such Products delivered during any relevant time period, such time period to be determined by Ericsson in its reasonable discretion, however not less than a time period of three consecutive months. In case of a systematic defect in the Products, Calix shall promptly:
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Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, during the period of time that PRESSTEK has Service Obligations, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).
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Systemic Defects. For purposes of this Agreement a "Systemic Defect" means a Sensor Assembly Defect that occurs in identical or substantially similar form or from a substantially similar cause in at least fifteen percent (15%) of the field population of Sensor Assemblies within two (2) years after receipt of delivery of the Sensor Assemblies by DMD. DMD agrees that it will, at all times during the term of this Agreement, and for so long as it continues to sell or otherwise support Sensor Assemblies and Board Assemblies, carry insurance that names SUNI as an additional insured and that is sufficient to cover the costs of possible loss or damage arising out of Systemic Defects, including, but not limited to, the cost of replacement Components and of manufacturing, test and assembly services. DMD will provide a copy of such insurance policy to SUNI upon SUNI's request. SUNI and DMD agree that they will complete negotiation of the allocation of the cost of such Systemic Defect insurance within thirty (30) days from the date of this Agreement.
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Systemic Defects. Notwithstanding anything to the contrary in Sections 11.01 and 11.02 above, (i) Splash shall undertake without charge and without delay to promptly meet with Xerox to put a mutually agreed plan in place to promptly remedy any Systemic Defect in all Splash Products in inventory or in the field, by delivering to Xerox on a rolling inventory basis a replacement Splash Product or part thereof and (ii) Splash shall use commercially reasonable efforts to reduce turnaround time for Splash Products returned to Splash and affected by a ----------------- * Confidential Treatment Requested Systemic Defect to [*]. The foregoing states Splash's sole obligation and the exclusive remedy of Xerox and Xerox Affiliates with respect to Systemic Defects. Splash shall not be required to cure any Systemic Defect for any Splash Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use or that results from or arises out of the Xerox Software or Xerox Product.
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Systemic Defects. The term "Systemic Defects" shall mean a defect of any type affecting the usefulness of the AHP Unit for its intended purpose which occurs in identical or substantially similar form or from a substantially similar cause in more than (i) 0% of 750 consecutively shipped AHP Units manufactured during the first 90 days of production, (ii) 3% of 750 consecutively shipped AHP Units manufactured during the next 90 days of production, or (iii) 3% of 750 consecutively shipped AHP Units manufactured during any production period subsequent to the 180th day of production (as such period may be determined by DMD), within eighteen (18) months after receipt of delivery of Products by DMD.
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Systemic Defects. Notwithstanding the warranty requirements and conditions of this Section 11, Seller will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Products in inventory or in the field, by delivering to DMD repaired or replacement Product(s). Seller shall not be required to cure any Systemic Defect for any Products
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Systemic Defects 
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Related to Systemic Defects

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Environmental Defects For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

  • Title Defects If: (i) the Title Commitment reflects any exceptions to title which are not acceptable to Buyer, in Buyer’s sole discretion; (ii) the Survey discloses any state of fact not acceptable to Buyer, in Buyer’s sole discretion; or (iii) at any time prior to the Closing, title to the Property is encumbered by any exception to title not acceptable to Buyer, in Buyer’s sole discretion (with any such exception or unacceptable state of fact being referred to herein as a “Title Defect”); then Buyer may, on or before the Satisfaction Date (or, in the case of a Title Defect not disclosed by the Title Commitment prior to the Satisfaction Date, within fifteen (15) days after Buyer receives notice of such Title Defect), provide Seller with written notice of such Title Defect. Seller shall have the right, but not the obligation (except as specifically set forth below), during the thirty (30) day period after receipt of such notice, but not later than the Closing, to remove such Title Defect or obtain affirmative title insurance coverage acceptable to Buyer, insuring and defending Buyer against any loss, cost, or expense arising out of or related to such Title Defect (“Affirmative Coverage”). If Seller elects to do so, then on or before the Closing Date (as defined below), Seller shall provide Buyer with reasonable evidence of such removal or provide reasonable evidence that such Title Defect will be removed or that such Affirmative Coverage will be obtained. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to expend whatever sums are required to cure or obtain Affirmative Coverage for the following Title Defects prior to, or at, the Closing:

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Fungible Goods and Materials For purposes of determining whether a good is an originating good:

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

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